'NTERNATIONAL BUREAU OF AMERICAN REPUBLICS 

P JOHN BARRETT, DIRECTOR 

_ FRANCISCO J. YANES, SECRETARY 

1405 

T<0< * TENTATIVE PROGRAMME 

FOR THE 



FOURTH PAN-AMERICAN 
CONFERENCE 

TO BE HELD AT 

BUENOS AIRES, ARGENTINA, MAY, 1910 




2 JACKSON PLACE 

WASHINGTON, D, C, U. S. A. 

1909 




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INTERNATIONAL BUREAU OF AMERICAN REPUBLICS^ 

JOHN BARRETT, DIRECTOR 
FRANCISCO J. YANES, SECRETARY 



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TENTATIVE PROGRAMME 



FOR THE 



FOURTH PAN-AMERICAN 
CONFERENCE 



TO BE HELD AT 



BUENOS AIRES, ARGENTINA, MAY, 1910 




2 JACKSON PLACE 

WASHINGTON, D, C, U. S. A. 

1909 



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TENTATIVE PROGRAMME « 
FOR THE 

FOURTH PAN-AMERICAN CONFERENCE 

TO BE HELD AT BUENOS AIRES, ARGENTINA, MAY AND JUNE, 1910, 

Proposed by the Committee on Programme of the Governing Board of the 
International Bureau of the American Republics, as provided in Article 
7 of the resolution adopted by the Third Pan-American Conference 
relative to the reorganization of said Bureau. 



Eeport of the subcommittee on programme of the Governing Board 
submitted March 1, 1909, and approved on that date by the whole 
Committee on Programme. 

* * * * * * * 

The subcommittee on programme begs to recommend the following 
subjects for -the consideration of the Committee on Programme of the 
Fourth International Conference: 

I. Conventions and Resolutions of the Third Pan-American Confer- 
ence, held at Rio de Janeiro in 1906 : 
Report to be submitted by eacb delegation on the action of tho 
respective governments on these conventions and resolutions. 
IT. Pan-American Committees : 

Reports to be submitted on the results accomplished by the com- 
mittees appointed under the Rio resolution, and consideration of 
extension of their functions. 
III. The International Bureau of the American Republics : 
(a) Consideration of the report of the Director. 
(&) Consideration of the present organization of the Bureau of the 
American Republics. 

(c) Suitable action on the generous gift of Mr. Andrew Carnegie, 

which has made possible the construction of a new building. 

(d) Resolution requesting each country to place in the building a 

statue or portrait of a national hero or historical personage. 

(e) Franking privilege for the correspondence and publications of 

the Bureau. 

(/) Resolutions recommending to the governments represented in the 
International Union to provide the Columbus Memorial Li- 
brary with duplicate copies of all statutes, decrees, and other 
official publications. 

(g) Exchange of official publications. 

° This is simply a compilation of suggestions of the members of the Programme Com- 
mittee and does not represent the final approval or disapproval of any member of the 
Governing Board or of any government concerned. 

3 



4 Programme for the Fourth Pan-American Conference. 

IV. Codes of Public and Private International Law : 

Consideration of any report or action of the International Com- 
mission of Jurists. 
V. Pan-American Railway : 

Report on progress that has been made since the Rio conference 
and consideration of the possibility of joint action to secure the 
completion of the system. 
VI. Postal Rates and Parcels Post : 

Convention providing for the reduction of postal rates and the estab- 
lishment of parcels post. 
VII. Uniformity in Census and Commercial Statistics : 
Conventions providing for — 

(a) Agreement as to the date upon which the census is to be taken 
in the several Republics represented in the International 
Union. 
(&) Uniformity of the schedules in the taking of the census and 

other statistics, 
(c) Uniformity of classification in the compilation of commercial 
statistics. 
VIII. Uniformity in Customs Regulations and Consular Documents : 

Conventions providing for the simplification and coordination of 
customs regulations and the establishment of greater uniformity 
in consular documents. 
IX. Establishment of more Rapid Steamship Communication Between 
the Republics Represented in the International Union : 
(a) Consideration of the conditions under which more rapid steam- 
ship communication can be secured. 
(&) Appointment of a Permanent Pan-American Commission on 
Navigation. 
X. Supervision of the Food Supply : 

(a) Uniformity of regulations for the inspection, immediately prior 

to shipment, of live stock intended for export. 
(&) Uniformity of sanitary regulations in the preparation of refrig- 
erated meats, canned goods, and otber foodstuffs. 
XI. Sanitary Police and Quarantine : 

Consideration of the recommendations of tbe International Sanitary 
Congress of Mexico, held in December. 1907, and of the Congress 
of San Jose, Costa Rica, to be held in December, 1907, and of such 
additional recommendations as will tend to the elimination of pre- 
ventable diseases. 
XII. Monetary Systems and Fluctuations in Exchange : 
Consideration of measures looking to the — 

(a) Establisbment of greater stability in commercial relations. 

(b) Establisbment of a more uniform monetary standard. 
XIII. Conservation of Natural Resources : 

Convention providing for tbe appointment of an international com- 
mission to consider tbe possibility of united action for the conser- 
vation of natural resources. 
XIV. Wireless Telegraph? and Aerial Navigation: 

Preliminary consideration of possible international regulations which 
may be required to govern t lu-so new modes of communication and 
travel. 



Programme for the Fourth Pan-American Conference. 5 

XV. Pan-American Scientific Congress : 

Consideration of the resolution of the Pan-American Scientific Con- 
gress and of the possibility of securing closer cooperation between 
the Scientific Congress and the Pan-American conferences. 
XVI. Patents, Trade-Marks, and Copyrights : 

Further consideration of any action that may be taken. 
XVII. Foreign Immigration. 
XVIII. Practice of the Learned Professions. 
XIX. Naturalization. 
XX. Neutrality in Case of Civil War. 
XXI. Uniformity of Regulations for Protection Against Anarchists. 
XXII. Future Conferences. 

Respectfully submitted. 

Joaquin Bernardo Calvo, 

Minister of Costa Rica. 
Anibal Cruz, 

Minister of Chile. 
John Barrett, 
Director of the In ternational Bureau. 

Note : The above subcommittee was named by the whole Committee on Pro- 
gramme, consisting of the Secretary of State of the United States, chairman, 
the Ambassador of Brazil, the Ambassador of Mexico, the Minister of Costa 
Rica, the Minister of Cuba, the Minister of Argentina, the Minister of Peru, the 
Minister of Chile, with the director of the Bureau ex officio a member. 



MEMORANDUM 

Containing Data Relative to the Various Topics of the Foregoing Tentative 

Programme. 



I. Conventions and resolutions of the Third Pan-American Conference 
held at Rio de Janeiro in 1906. 

Reports to be submitted by each delegation on the action of the 
respective governments on those conventions and resolutions. 

The delegates to the conference at Rio signed four conven- 
tions and fourteen resolutions. The nature and form of the 
resolutions were such as not to call for specific ratification by 
the several signatory governments ; however, they were ratified 
by Guatemala, April 19, 1907 ; El Salvador, May 11, 1907 ; and 
Nicaragua, February 20, 1909. 

RESOLUTIONS. 

The resolutions are as follows: 

1. Arbitration: Adherence to the principle of arbitration, 
and recommending that instructions be given to delegates to 
the Second Hague Conference to endeavor to procure the cele- 
bration of a general arbitration convention by all the Govern- 
ments of the civilized world to be there represented. (Report 
of Conference, p. 567; Report of Delegates, p. 97.) 

The First Conference, which met in Washington in 1890, 
adopted a report recommending that the governments repre- 
sented conclude a uniform treaty of arbitration (a draft of 
which was therein suggested) by which arbitration was made 
obligatory in all cases except those involving questions which, 
in the judgment of one of the countries party to the contro- 
versy, might imperil its independence ; in that case arbitration 
was to be optional with such nation, though remaining obliga- 
tory on the adversary power. (Report of Conference, p. 954.) 

In the Second Conference, which met in Mexico in 1902, the 
proposition of compulsory arbitration did not receive the sup- 
port of all the delegations. Finally a treaty obligating the 

7 
88983—09 2 



8 Programme for the Fourth Pan-American Conference. 

I. Conventions and resolutions of the Third Pan-American Conference 
held at Rio de Janeiro in 1906 — Continued, 
contracting parties to submit to arbitration before either the 
permanent Tribunal of Arbitration at The Hague, or a special 
tribunal to be organized, all controversies which diplomacy can 
not settle, provided that in the exclusive judgment of any of 
the interested nations the controversies do not affect either the 
independence or national honor of the countries, was signed on 
January 29, 1902, by the representatives of the Argentine Re- 
public, Bolivia, Dominican Republic, Guatemala, El Salvador, 
Mexico, Paraguay, Peru, Uruguay, and Venezuela, and after- 
wards ratified by Guatemala, El Salvador, Uruguay, Mexico, 
Peru, and the Dominican Republic. The conference did, how- 
ever, unanimously sign, on January 15, 1902, a protocol pro-' 
viding for adhesion to the convention of The Hague for the 
peaceful adjustment of international disputes, through the good 
offices of the Governments of the United States and of Mexico. 
While the efforts of the United States in this matter were not 
at the time successful, later, in the preliminary arrangements 
for the Second Hague Conference, the United States procured 
an agreement by the powers that the first business of the Sec- 
^^ ond Conference would be to authorize by a preliminary pro- 
tocol the adherence of all the nonsignatory states to the arbitra- 
tion treaty of the First Conference. (Report of Conference, 
pp. 861 and 875; Report of Delegates, Third Pan-American 
Conference, pp. 40-41; Report of Delegates. Second Hague 
Conference, p. 12.) 

The delegates of the United States to the Second Hague 
Conference were instructed to endeavor earnestly to procure a 
general arbitration treaty which should coincide in its scope 
with the treaties of arbitration which the United States has 
already entered into separately with a large number of states 
and which cover differences of a legal nature or relate to the 
interpretation of treaties which it may not have been possible 
to settle by diplomacy, provided that they do not affect the 
vital interests, independence, or honor of the two contracting 
parties, nor the interests of third parties. 

It was not found possible, however, to agree upon a general 
treaty of arbitration at the Second Hague Conference, although 
a large majority were in favor of one. The conference con- 

°Adhesion of Venezuela to the treaty and protocol was afterwards 
invalidated by her withdrawal from the conference which was made 
retroactive. (Report of Second Conference, p, 468. ) 



Programme for the Fourth Pan-American Conference. 9 

I. Conventions and resolutions of the Third Pan-American Conference 
held at Rio de Janeiro in 1906 — Continued, 
tented itself, therefore, with unanimously adopting and pro- 
claiming the following declaration : 

The conference, conforming to the spirit of good understanding and 
reciprocal concessions, which is the very spirit of its deliberations, has 
drawn up the following declaration, which, while reserving to each one 
of the powers represented the benefits of its votes, permits them all to 
affirm the principles which they consider to have been unanimously 
accepted : 

It is unanimous — 

(1) In accepting the principle for obligatory arbitration. 

(2) In declaring that certain differences, and notably those relating 
to the interpretation and application of international conventional stipu- 
lations, are susceptible of being submitted to obligatory arbitration 
without any restrictions. (Report of Delegates, p. 54.) 

(Note. — It was disclosed at the conference that the delegates of all of 
the American States were favorable to and voted for a general arbitration 
convention. 

Separate arbitration treaties have recently been signed by the Govern- 
ment of the United States with Mexico, Brazil, the Argentine Republic, 
Peru. Bolivia, Ecuador, Uruguay, Chile, Salvador, Haiti, and Costa 
Rica.) 

2. Reorganization of the Bureau of American Republics. 
(Report of Conference, p. 573; Report of Delegates, pp. 99- 
107.) 

3. Building for the International Bureau of American Re- 
publics. (Report of Conference, p. 595; Report of Delegates, 
p. 108.) 

4. Recommending appointment of pan- American committees 
in the several countries. (Report of Conference, p. 591; 
Report of Delegates, p. 110.) 

5. Creating a section of commerce, customs, and commercial 
statistics. (Report of Conference, p. 599 ; Report of Delegates, 
pp. 113-114.) 

6. Recommending that the governments represented present 
for examination at The Hague Conference the question of com- 
pulsory collection of public debts and, in general, means tend- 
ing to diminish between nations conflicts having an exclusively 
pecuniary origin. (Report of Conference, p. 605; Report of 
Delegates, pp. 12, 14, 41, 42, 116.) 

The delegates of the United States to the Second Hague 
Conference were accordingly instructed to ask for the con- 
sideration of this subject. (Report of Delegates, p. 10.) 

The Hague Conference on October 18, 1907, unanimously 
adopted a convention, subject to certain reservations in some 



10 Programme for the Fourth Pan-Amer-ican Conference. 

I. Conventions and resolutions of the Third Pan-American Conference 
held at Rio de Janeiro in 1906 — Continued, 
instances, by which it is agreed not to have recourse to armed 
force for the recovery of contract debts claimed from the 
government of one country by the government of another 
country as being due to its nationals; this renunciation not to 
be binding, however, unless arbitration is accepted by the 
debtor in good faith. The arbitration is to follow the pro- 
cedure provided for in The Hague Convention for the Pacific 
Settlement of International Disputes. Finally, the arbitration 
shall determine, in the absence of agreement between the 
parties, the justice and amount of the debt and the time and 
mode of pa} 7 ment. (Report of Delegates, p. 88.) 

7. Confirming the treaty signed at the Second Conference 
regarding practice of the liberal professions. (Report of Con- 
ference, p. 603; Report of Delegates, pp. 22 and 118.) 

The Second Conference on January '21. 1902, adopted a con- 
vention providing that the citizens of any of the republics 
signing the convention might freely exercise the professions, 
for which they may be duly authorized by diploma or title 
granted by competent national authority, in any of the terri- 
tories of the other nations, provided that the laws of the 
country in which it is desired to exercise the profession do 
not require the practitioner to be a citizen, and provided further 
that the diploma or title complies with the requirements estab- 
lished in the convention itself. These requirements limit the 
universities or institutions whose titles or diplomas are to be 
accepted, and provide for an authentication of the diploma or 
title. (Report of Conference, p. 769; Report of United States 
Delegates, p. 195.) 

This convention was ratified by Guatemala, El Salvador, 
Costa Rica, Peru, Bolivia, Honduras, and Nicaragua. 

8. That the Bureau <>f American Republics, after due collec- 
tion and study of the necessary mati rial, shall elaborate a proj- 
ect containing the basis of u contract with one or more steam- 
ship com panics for the establishment or maintenance of naviga- 
tion lines connecting the principal ports of American countries, 
these bases to be communicated to the signatory governments, 
so that they may instruct their delegates. (Report of Con- 
ference, p. 645 ; Report of Delegates, p. 120. ) 

9. Future conferences: Empowering the Governing Board 
of the Bureau of American Republics to formulate the pro- 
gramme and regulations, and to fix the date and choose the 
place for the meeting of the next conference. 



Programme for the Fourth Pan-American Conference. 11 

I. Conventions and resolutions of the Third Pan-American Conference 

held at Rio de Janeiro in 1906 — Continued. 

The resolution notes that the suggestion that the conference 

meet in Buenos Aires was received with unanimous sympathy. 

(Report of Conference, p. 611; Report of Delegates, pp. 23 

and 128.) 

10. That the section of commerce, customs, and statistics of 
the Bureau of American Republics establish a special service 
destined to facilitate development of the natural resources and 
means of communication within the various republics. This 
work is to be done through gathering and classifying all trust- 
worthy information on natural resources, projected public 
works, and legal conditions under which it is possible to obtain 
concessions of lands, mines, and forests. (Report of Confer- 
ence, p. 599; Report of Delegates, p. 126.) 

11. Adopting, as a general ride, the convention signed at the 
Second Sanitary Conference, held in Washington, October 9, 
1905. (Report, of Conference, p. 607; Report of Delegates, p. 
129.) 

12. Confirming the permanent Pan-American Raihoay Com- 
mittee. (Report of Conference, p. 621; Report of Delegates, 
p. 130.) 

13. Recommending an international American conference on 
the coffee industry. (Report of Conference, p. 615; Report of 
Delegates, p. 132.) 

14. Recommending that the governments cause to be pre- 
pared a detailed study of the monetary system in each of the 
republics, the type of exchange, and the fluctuations tohich 
have occurred during the last twenty years, and preparation of 
tables showing the influence of these fluctuations on commerce 
and industrial development. This data to be forwarded to 
the Bureau of American Republics to be edited, and a resume 
of the same to be published and distributed. (Report of Con- 
ference, p. 617; Report of Delegates, p. 132.) 

Peru has forwarded to the Bureau, in response to this reso- 
lution, a monograph by Sehor Alejandro Garland on the mone- 
tary system of Peru. 

The Argentine Republic has forwarded a short paper on the 
monetary system of that country. 

The Pan-American Committee of the United States has had 
prepared by one of its members, Gen. Alfred E. Bates, an 
exhaustive review of fluctuations in exchange not only in the 
United States, but also in other countries. 

This is the extent of the material so far received by the 
Bureau on this subject. 



12 Programme for the Fourth Pan-American Conference. 

I. Conventions and resolutions of the Third Pan-American Conference 
held at Rio de Janeiro in 1906 — Continued. 

CONVENTIONS. 

The four conventions signed by the delegates at Rio were: 

1. Naturalized citizens: Establishing status of such as again 
take up residence in country of origin. By its terms it be- 
comes effective in the countries that ratify it three months from 
the date of communication of ratification to the Government 
of Brazil. It is without limitation as to duration. (Report 
of Conference, p. 583; Report of Delegates, p. 67.) 

This convention has been ratified by Guatemala, April 20, 
1907; El Salvador, May 11, 1907; United States, January 13, 
1908; Nicaragua, February 20, 1908; and Colombia, August 
— , 1908. 

2. Pecuniary claims: Confirming treaty signed at Mexico 
January 30, 1902, with exception of article 3, which is abol- 
ished, and extending life of treaty to December 31, 1912. The 
treaty provides for submission to arbitration of all claims for 
pecuniary loss or damage which may be presented hy the citi- 
zens of the signatory states and which can not be amicably 
adjusted through diplomatic channels and when of sufficient 
importance to warrant the expenses of arbitration. (Report 
of Conference, p. 587; Report of Delegates, p. 71.) 

This convention has been ratified by the United States, 
March 2, 1907; Guatemala, April 20, 1907; El Salvador, May 
11, 1907; Mexico, November 18, 1907; Nicaragua, February 
20, 1908; Cuba, March 17, 1908; and Colombia, August — , 
1908. 

Article 3 of the treaty of Mexico reads: 

The present treaty shall not be obligatory except upon those States 
which have subscribed to the convention for the pacific settlement of 
international disputes, signed at The Hague, July 29, 1S99, and upon 
those which ratify the protocol unanimously adopted by the republics 
represented in the Second International Conference of American States, 
for their adherence to the convention signed at The Hague. July 29, 1S99. 

The treaty of Mexico was ratified by Guatemala, El Salva- 
dor, Honduras. Peru, United Stales. Mexico, Costa Rica, and 
Colombia. 

3. International law: Establishing a commission of jurists 
to draft codes. (Report of Conference, p. 625; Report of 
Delegates, p. 89.) 

Ratified by Uruguay, March 27. 1907; Panama, April — , 
1907; Guatemala, April 19, 1907; Colombia, May 10, 1907; El 



Programme for the Fourth Pan- American Conference. 13 

I. Conventions and resolutions of the Third Pan-American Conference 

held at Eio de Janeiro in 1906 — Continued. 

Salvador, May 11, 1907; Mexico, June 10, 1907; Dominican 
Republic, June 15, 1907; Brazil, December 27, 1907; United 
States, February 3, 1908; Nicaragua, February 20, 1908; and 
Peru, 1908. 

4. Patents of invention, drawings, and industrial models, 
trade-marks, literary and artistic property. (Report of Con- 
ference, pp. 241, 261, 631; Report of Delegates, p. 75.) 

Ratified by Guatemala, April 19, 1907; El Salvador, May 
11, 1907; and Nicaragua, February 20, 1908. 

II. Pan-American committees. 

Reports to be submitted on the results accomplished by the com- 
mittees appointed under the Rio resolution, and consideration 
of extension of their functions. 

The following countries have appointed pan-American com- 
mittees: Argentine Republic, Bolivia, Chile, Colombia, Cuba, 
Honduras, Mexico, Nicaragua, Panama, Peru, United States, 
and El Salvador. 

The Bureau of American Republics has been informed 
through the State Department that Ecuador, while not yet 
appointing a full committee, has chosen the chairman of the 
same. 

III. The International Bureau of the American Republics. 

(a) Consideration of the report of the Director. 

At neither the Second nor Third Conference was any formal 
report made by the Director of the Bureau. 

Mr. Williams C. Fox, as representative of the Bureau, at- 
tended both conferences, the second as chief clerk and the 
third as Director of the Bureau. 

(b) Consideration of the present organisation of the Bureau of 
the American Republics. 

The Bureau was established in conformity with a resolution 
of the First Conference, for the collection and distribution of 
commercial information. 

The first Director, Mr. William E. Curtis, was appointed on 
August 26, 1890, and instructed to organize the Bureau. 

The act of Congress of the United States approved July 14, 
1890, having appropriated $36,000, the other countries in the 
union at or about this time also made appropriations for the 
Bureau. 



14 Programme for the Fourth Pan-American Conference. 

III. The International Bureau of the American Republics — Continued. 

In 1896 a plan of government and work for the Bureau was 
adopted by the Governing Board, in pursuance of a resolution 
passed on April 1 of that year appointing a committee to 
formulate and report such a plan, which included rules regard- 
ing the appointment, promotion, dismissal, and leave of ab- 
sence of the personnel of the Bureau. 

On March 18, 1899, the Governing Board adopted certain 
additional provisions modifying the original plan. 

At the Second International Conference, on January 29, 
1902, a resolution for the reorganization of the Bureau was 
adopted and signed by delegates representing all the countries 
in attendance. The resolution contained thirteen articles, and 
the principal changes made were, first, in the method of ap- 
pointing persons to fill positions in the Bureau; second, that 
the Governing Board should prepare an annual budget for the 
Bureau. In addition it was agreed to facilitate the gathering 
of information by the Bureau, and that two copies of each 
official publication of each of the republics of the union should 
be forwarded to the Bureau ; that the publications of the Bureau 
should be considered public documents and be carried free in 
the mails of all the republics, and that the Bureau should be the 
custodian of the archives of the international conferences. 
Provision was made for the publication of pamphlets, maps, 
charts, and other documents, and of a monthly bulletin to be 
printed in English, Spanish, French, and Portuguese. The 
establishment of a Latin-American library to be named 
" Biblioteca de Colon" (Columbus Library) was also author- 
ized. (Report of Conference, pp. 518, 582, 799; Report of 
American Delegates, p. 1(J0.) 

This resolution was formally ratified by only four countries, 
Guatemala, April 25, 1902; El Salvador," May 19, 1902; Peru, 
April 1, 1903; Honduras, July 7, L904. However, the provision 
as to carrying the publications has been generally acted upon 
by the other republics, and the Governing Board has treated 
the resolution as effective. The agreement as to furnishing 
official publications has not generally been complied with. 

Following the conference at Mexico by-laws for the govern- 
ment of the Bureau were adopted by the Governing Board. 
These by-laws contained eleven articles and prescribed the 
powers and duties of the Governing Board, the committees of 
the board, the director, the secretary, the chief clerk, the libra- 
rian, the accountant, translators, and other employees. 

At the Third International Conference a resolution was 
adopted, on August 7, 190G, for the reorganization of the 



Programme for the Fourth Pan-American Conference. 15 

III. The International Bureau of the American Republics — Continued. 
Bureau, the effect of which was to elaborate the plan con- 
tained in the resolution of the Second Conference and to 
improve and enlarge the work of the Bureau. By this resolu- 
tion the purposes of the Bureau are declared to be — 

1. To compile and distribute commercial information and 
prepare commercial reports. 

2. To compile and classify information respecting the 
treaties and conventions between the American Republics and 
between the latter and non-American States. 

3. To supply information on educational matters. 

4. To prepare reports on questions assigned to it by resolu- 
tions of the international American conferences. 

5. To assist in obtaining the ratification of the resolutions 
and conventions adopted by the conferences. 

6. To carry into effect all resolutions the execution of which 
may have been assigned or may hereafter be assigned to it by 
the international American conferences. 

7. To act as a permanent committee of the international 
American conferences, recommending topics to be included in 
the programme of the next conference; these plans must be 
communicated to the various governments forming the union 
at least six months before the date of the meeting of the next 
conference. 

8. To submit, within the same period, a report to the various 
governments on the work of the Bureau during the term cov- 
ered since the meeting of the last conference, and also special 
reports on any matter which may have been referred to it for 
report. 

9. To keep the records of the international American con- 
ferences. 

No change was made in the form of government of the 
Bureau, the resolution providing that the Governing Board, 
presided over by the Secretary of State of the United States 
as chairman, should control the affairs of the Bureau with the 
Director as chief administrative officer. A new provision was 
adopted allowing a member of the board unable to attend a 
meeting to transmit his vote on any proposition in writing. 
Five members are considered a quorum, and the senior diplo- 
matic representative on the board is designated as chairman of 
the board in the absence of the Secretary of State. 

A supervisory committee of the affairs of the Bureau was 
provided for, to be composed of the Secretary of State, who is 
always to be chairman, and the four members of the board 

88983—09 3 



16 Programme for the Fourth Pan-American Conference. 

III. The International Bureau of the American Republics — Continued. 

whose names should appear first on a list to be prepared by lot, 
fixing the order of precedence for this purpose of the members 
j of the board. One member to be replaced each year by the one 

whose name should appear next folloAving on the list. 

The duties of the Director were prescribed, and it was 
provided that the personnel of the Bureau shall consist of a 
director, secretary and such other employees as the Governing 
Board might determine and appoint. 

The Governing Board was given the power to determine 
what publications shall be issued by the Bureau, but a monthly 
bulletin was specifically authorized ; and it was provided that 
all publications, except as otherwise determined by the board, 
should be distributed gratuitously. % 

It adopted the provisions of the resolution of the Second 
Conference directing that two copies of all official publications 
relating to matters connected with the purposes of the Inter- 
national Union should be forwarded by each republic to the 
Bureau, and that the publications of the Bureau should be 
■carried free of charge in the mails of the American Republics. 

It provided that the Governing Board might adopt resolu- 
tions relative to the personnel of the Bureau, the number of 
employees, their appointment, duties, and everything pertain- 
ing thereto, and that the Governing Board should have the 
power to amend the regulations forming a part of the resolu- 
tion of the Third Conference, but might not contravene the 
fundamental rules of this resolution. 

The republics bound themselves to continue to support the 
Bureau for a term of ten j^ears from the date of the resolution 
(August 7, 1906), and to pay their respective quotas. And 
provision was made for the indefinite continuance of the Bu- 
reau for terms of ten years, unless a majority of the members 
of the union express their wish to withdraw a year before the 
expiration of a ten-year term. (Report of Conference, pp. 
153, 195, 573; Report of Delegates, p. 99.) 

This resolution has been formally ratified by only three 
countries: Guatemala, April 19, 1907: El Salvador, May 11, 
1907; and Nicaragua. February 20, L908. 

At a meeting of the Governing Board held on December 19, 
L906, it was resolved to immediately put in force the regula- 
tions contained in the resolution of the Rio Conference. It 
was further resolved that in this resolution where the words 



Programme for the Fourth Pan-American Conference. 17 



III. The International Bureau of the American Republics — Continued. 

" Secretary of State " occur, these words shall be held to in- 
clude also the Acting Secretary of State. A resolution in 
regard to representation by proxy was also adopted at this 
meeting. (Minutes of meeting of Governing Board, December 
19, 1906.) 

With these exceptions no further regulations or amendments 
to the regulations prescribed by the Rio Conference have been 
adopted by the Governing Board. 

The resolution of the First Conference, adopted on March 
29, 1890, contained the provisions that the Bureau should be 
charged with the care of the transactions, publications, and 
correspondence of the International Union, and that each 
country belonging to the union should " send directly to the 
Bureau, without delay, two copies each of all official docu- 
ments which may pertain to matters having relation to the 
objects of the union, including customs tariffs, official circu- 
lars, international treaties or agreements, local regulations, 
and, so far as practical, complete statistics regarding com- 
merce and domestic products and resources." (Report of Con- 
ference, p. 104.) 

At the coining conference it is expected that the Director 
will submit important suggestions for new regulations concern- 
ing the administration of the Bureau so as to increase its 
efficiency and make its work of the greatest practical value to 
all the nations supporting it. The present rules have been 
found inadequate or so worded, although unintentionally, as 
not to permit of the best administrative results. 
(c) Suitable action on the generous gift of Mr. Andrew Carnegie, 
which has made possible the construction of a new building. 
The Third Conference adopted on the 13th day of August, 
1906, a resolution expressing its gratification at the prospect of 
a new building for the Bureau, and expressed the hope that 
prior to the Fourth Conference the project would be realized. 
Prior to the conference it had been expected that the building 
would be constructed with funds to be contributed proportion- 
ately by all the republics, and a proposition for the construc- 
tion of the building according to this understanding had been 
submitted by the Governing Board. (Minutes of the board, 
May 23, 1903.) 

Mr. Carnegie's donation, following the meeting of the Third 
Conference, entirely changed the state of affairs. 



18 Programme for the Fourth Pan-American Conference. 

III. The International Bureau of the American Republics — Continued. 

(d) Resolutions requesting each country to place in the building 
a statue, bust, or portrait of a national hero or historical 
personage. 

Note. — Several governments have already expressed their intention 
of placing a statue or bust of a national hero in the new building, and 
the architects are preparing a memorandum as to size and material, 
which will be submitted to each government. 

(e) Franking privilege for the correspondence and publications 
of the Bureau. 

Article 8 of the resolution of the Second Conference, provid- 
ing for the reorganization of the Bureau, is as follows : 

Publications of the Bureau shall be considered public documents, and 
shall be carried free in the mails of all the Republics. (Report of Con- 
ference, p. 799 ; Report of Delegates, p. 162. ) 

Article 14 of the resolution of the Third Conference is as 
follows : 

All the publications of the Bureau shall be carried free of charge by 
the mails of the American Republics. (Report of Conference, p. 577; 
Report of Delegates, p. 103.) 

The United States Government has, by act of Congress, 
granted the franking privilege to the Bureau to cover not only 
publications, but also correspondence. 

The resolution of the Second Conference on the Bureau, as 
stated above, was ratified only by Guatemala, El Salvador, 
Peru, and Honduras, and the resolution of the Third Con- 
ference by Guatemala, El Salvador, and Nicaragua. 

Except the United States, no other country, so far as the 
records of the Bureau show, has ever passed any special legis- 
lation on the subject of the franking privilege for the Bureau. 

The privilege has been generally allowed in all the Repub- 
lics, but occasionally mail matter has been held up, resulting in 
delays and a considerable amount of correspondence through 
diplomatic channels in order that the proper administrative 
orders might be issued. 

Neither the provisions of the resolutions of the Second nor 
of the Third Conference specify the granting of the franking 
privilege for the actual correspondence of the Bureau ; only of 
the publications. This seems to have been overlooked and not 
intended. 

The purposes of the Bureau, as set out in the resolution of 
the Third Conference (quoted above under b), being to com- 
pile and distribute commercial information and to prepare 



Programme for the Fourth Pan-American Conference. 19 

III. The International Bureau of the American Eepublics — Continued, 
commercial reports, to compile and classify information re- 
specting treaties and conventions, to supply information on 
educational matters, and to prepare reports on questions 
assigned to it by resolutions of international American con- 
ferences, necessarily contemplates the furnishing of this class 
of information in other than printed form. 

A considerable part of the work of the Bureau from the 
beginning has been the supplying of special information upon 
special subjects to inquirers having business or other interests 
in the subject-matter of the reports. These reports, generally 
in the form of replies to letters, form a large bulk of the cor- 
respondence of the Bureau. They are not printed, and the 
work of the Bureau would be much curtailed or a very con- 
siderable additional expense would be imposed on its finances 
if this class of correspondence were denied the franking 
privilege in all the Republics. By courtesy in most of the 
Eepublics this privilege has been generally accorded the cor- 
respondence of the Bureau, but there has been no agreement 
upon the subject. 
(/) Resolution recommending to the governments represented in 
the International Union to provide the Columbus Memorial 
Library tvith duplicate copies of all statutes, decrees, and other 
official p-ublications. 

The agreement to provide the Bureau with two copies of 
official publications appears in the resolutions of all three of 
the conferences. This provision of the resolutions has not been 
generally observed by any country, although a number of them 
have forwarded to the Bureau a great many valuable official 
publications. 

The provision of the First Conference (quoted above under 
b) specifies the exact subject-matter of the publications to be 
sent. This specification was not made in the resolutions of the 
Second and Third conferences. It might be well, in any resolu- 
tion to be adopted at the coming conference at Buenos Aires, 
to make the specification as in the resolution of the First Con- 
ference, though there should be added to the resolution some 
matters not contained in it, as, for instance, copies of legisla- 
tive acts, compilations of the same, and commentaries on laws, 
and also the publications contemplated in the resolution in the 
paragraph below (g). 
(g) Exchange of official publications. 

The Second Conference, on January 27, 1902, passed a reso- 
lution proAdding that the signatory governments bind them- 



20 Programme for the Fourth Pan-American Conference. 

III. The International Bureau of the American Republics — Continued. 

selves to furnish each other, reciprocally, five copies of each one 
of the following official publications : 

(1) Parliamentary, administrative, and statistical documents which 
may be published in each one of the contracting countries. 

(2) Works of all kinds published or subsidized by the respective 
signatory governments. 

(3) Geographical maps, general as well as special, topographic plans, 
and other works of this kind. ( Report of Conference, p. 577 ; Report of 
Delegates, p. 215.) 

The resolution further provided that a collection of such 
works as had been already published should be made and for- 
warded. 

A special article in this resolution provides for the transmis- 
sion of these publications free of postage. 

The International Tariff Bureau, with headquarters at Brus- 
sels, of which Bureau all the members of the International 
Union of American Eepublics are also members, translates and 
exchanges tariff laws. 

The International Bureau of Exchanges, with agents in the 
several countries, acts as a forwarding agent for the exchange 
of publications mainly of official and scientific character. The 
agent in the United States is the Smithsonian Institution. 
There is no systematic exchange through this Bureau, except 
as initiated by the parties making the exchange. The Bureau 
simply forwards such packages of books or pamphlets as are 
sent to it to the government, person, or institution whose name 
appears on the package, and renders a bill to the sender for the 
cost of carriage. 

IV. Codes of public and private international law. 

Consideration of any report or action of the International Com- 
mission of Jurists. 

The First Conference recommended that the governments 
there represented which had not acceded to the treaties of 
private international law, civil law, commercial law. and law 
of proceedings adopted at the congress Avhich met in Monte- 
video on August 25, 1888, cause said treaties to be studied with 
a view to declaring within a year whether they did or did not 
accept said treaties. (Report of Conference, p. 876.) 

At the time of the meeting of the First Conference these 
treaties had been ratified by Bolivia. Brazil, Chile, Paraguay, 
Peru, Uruguay, and the Argentine Republic. 



Programme for the Fourth Pan-American Conference. 21 

IV. Codes of public and private international law — Continued. 

The Second International Conference, on January 27, 1902, 
adopted a convention providing for the formation of codes of 
public and private international law. By the terms of this 
convention the Secretary of State of the United States and 
the ministers of the American Eepublics accredited in Wash- 
ington were empowered to appoint a committee of five Ameri- 
can and two European jurists of acknowledged reputation to 
draft and present to the next conference a code of public inter- 
national law and a code of private international law, intended 
to govern the relations between the American nations. These 
codes as soon as drafted were to be printed and submitted to 
the consideration of the respective governments interested, who 
were invited to make suggestions. These suggestions were to 
be classified by the Committee of Jurists and the codes revised 
in conformity therewith, after which, as revised, they were to 
be again submitted to the interested governments to be adopted 
either by treaties directly negotiated or in the Third Con- 
ference. The expenses incurred under the convention were 
to be defrayed by the signatory governments in the proportion 
adopted for the maintenance of the Bureau of American 
Eepublics. (Eeport of Conference, pp. 290, 302, 307, 342, 
365. 525, 711; Eeport of Delegates, p. 201.) 

This convention was ratified by Guatemala, April 25, 1902; 
El Salvador, May 19, 1902 ; and Bolivia, March 12, 1904. 

The Third Conference, on August 23, 1906. adopted a con- 
vention for the creation of an international commission of 
jurists, composed of one representative from each of the sig- 
natory states, to prepare drafts of codes of public and private 
international law regulating the relations between the nations 
of America. 

The first meeting of the commission was to be held in the 
city of Eio de Janeiro during the year 1907, and the presence 
of at least twelve of the representatives of the signatory states 
was made necessary for the organization of the commission. 
The expenses incident to the preparation of the drafts, includ- 
ing compensation for technical studies, is to be borne in the 
same proportion as provided by the convention signed at 
Mexico, but the compensation of the members of the commis- 
sion is to be paid by their respective governments. Under this 
convention it is provided that " all drafts or all important 
portions thereof" shall be submitted to the signatory govern- 



22 Programme for the Fourth Pan-American Conference. 



IV. Codes of public and private international law—Continued. 

ments at least one year before the date fixed for the Fourth 
International Conference. 

The Fourth Conference, it is provided in the convention, 
shall embody in one or more treaties principles upon which an 
agreement may be reached, and shall endeavor to secure their 
adoption and ratification by the nations of America. (Report 
of Conference, pp. 284, 308, 312, 625; Report of Delegates, 
p. 89.) 

This convention has been ratified by Uruguay, Panama, 
Guatemala, Colombia, El Salvador, Mexico, Dominican Re- 
public, Brazil, United States, Nicaragua, and Peru. 

It is understood that the date of the meeting of the commis- 
sion has been postponed until August 2, 1910. 

V. Pan-American Railway. 

Report on progress that has been made since the Rio Conference, 
and consideration of the possibility of joint action to secure 
completion of the system. 

The Pan-xVmerican Permanent Railway Committee was ap- 
pointed in pursuance of a resolution of the Second Conference. 
Reports have been submitted to this Second and Third confer- 
ences. It is understood that a report will be prepared by the 
committee for presentation to the Fourth Conference. (Report 
of Second Conference, p. 207; third, pp. 273, 449, 621.) 

VI. Postal rates and parcels post. 

Convention providing for the reduction of postal rates and. the 
establishment of parcels post. 

The First Conference adopted three reports making recom- 
mendations for an improvement in postal and cable communi- 
cations between the republics. (Report of Conference, pp. 
265, 276, 312.) 

The Third Conference, in the resolution on commercial rela- 
tions, article 3, recommended that the governments should 
conclude among themselves conventions stimulating, as far 
as possible, a rapid service of communication by railway, 
steamer, and telegraph lines, as well as postal conventions for 
the carriage of samples, so that goods and commercial adver- 
tisements may circulate with rapidity and economy. (Report 
of Conference, pp. 277, 330, 645; Report of Delegates, p. 120.) 

The question of reduction of postage has not been considered 
heretofore by any of the conferences. 



Programme for the Fourth Pan-American Conference. 23 

VII. Uniformity in census and commercial statistics. 

Conventions providing for — 

(a) Agreement as to the date upon which the census is to he 
taken in the several republics. 

(b) Uniformity of the schedules in the taking of the census 
and other statistics. 

(c) Uniformity of classification in the compilation of com- 
mercial statistics. 

(b and c) The Third Conference, on August- 16, 1906, in the 
resolution establishing a section of commerce, customs, and 
commercial statistics in the Bureau of the American Republics, 
provided that the Pan-American committees appointed in the 
several countries should be charged with the duty of collecting 
data to enable the section to make a special study of statistics 
in the several republic's, and to lay such information before the 
next conference as would tend to making uniform the bases 
on which official statistics in the American republics should be 
compiled. (Report of Conference, pp. 277, 330, 645 ; Report of 
Delegates, p. 113.) 

VIII. Uniformity in customs regulations and consular documents. 
Convention providing for the simplification and coordination of 

customs regulations, and the establishment of greater uniform- 
ity in consular documents. 

The Second Conference, on January 22, 1902, signed a reso- 
lution providing for a customs congress of delegates of the 
several republics to meet in the city of New York, to resolve 
upon uniformity of regulations for entry, dispatch, and clear- 
ance of vessels, formalities regarding manifests, consular in- 
voices and declarations, simplification and uniformity of cus- 
tom-house formalities, and for a common nomenclature of 
products and merchandise in English, Spanish, Portuguese, 
and French. (Report of Conference, pp. 502, 522, 667; Report 
of Delegates, p. 148.) 

The conference passed a second resolution providing that the 
customs congress should in addition, study the subject of sim- 
plification, and uniformity of charges collected from merchant 
vessels; the enactment of laws and regulations facilitating 
entry and clearance of vessels and the loading and unloading 
of the same. 

The conference met in New York in January, 1903, with 
representatives from the Argentine Republic, Bolivia, Cuba, 



24 Programme for the Fourth Pan-American Conference. 

VIII. Uniformity in customs regulations and consular documents — Cont'd. 

Ecuador, El Salvador, Guatemala, Honduras, Uruguay, and 
Venezuela. The congress passed resolutions recommending 
to the several governments the enactment of laws and regula- 
tions tending to accomplish the purposes aimed at. The 
congress did not itself formulate such regulations in particular. 
(Report of Customs Congress.) 

The Third Conference, in the resolution establishing in the 
Bureau of the American Republics a section of commerce, cus- 
toms, and commercial statistics, provided that this section 
should have for its chief object the special study of customs 
legislation, consular regulations, and commercial statistics of 
the republics of America, to be made from data furnished the 
section by the Pan-American committees appointed in each 
country under the resolution providing for such appointment. 
A resume of this study, with suggestions for simplifying and 
making uniform, as far as possible, customs and consular 
regulations, it was provided should be transmitted one year 
prior to the meeting of the Fourth Conference to the several 
governments through the Governing Board of the Bureau of 
the American Republics. (Report of Conference, pp. 198-599; 
Report of Delegates, p. 113.) 

No data has been received by the Bureau of the American Re- 
publics upon these questions from any one of the Pan-American 
committees appointed in the several countries, and the material 
in the library of the Bureau is incomplete as to a large number 
of the countries. 

IX. Establishment of more rapid steamship communication between the 

republics represented in the International Union. 

(a) Consideration of the conditions under which more rapid 
steamship communication can he secured. 

(b) Appointment of a permanent Pan-American commission on 
navigation. 

The Third Conference, on August 23, 1900. signed a resolu- 
tion on commercial relations providing that the Bureau of the 
American Republics, after due collection and study of the 
necessary material, should ''elaborate a project containing the 
definite bases of a contract which it may be advisable to con- 
clude with one or more steamship companies for the establish- 
ment and maintenance of navigation lines connecting the'prin- 



Programme for the Fourth Pan-American Conference. 25 

IX. Establishment of more rapid steamship communication between the 

republics represented in the International Union — Continued, 
cipal ports of American countries." These bases to be com- 
municated to the several governments for their information. 

The resolution does not provide any means by which the 
Bureau of the American Republics might ascertain the views of 
the several republics and of the steamship lines as to a form of 
contract which would be acceptable to all parties. 

Efforts have been made by the Bureau to ascertain the views 
of the steamship companies in order to submit the same to the 
several governments. The companies have so far declined to 
take the initiative on these propositions. 

The resolution also recommended that the governments of 
the several republics should conclude conventions among them- 
selves, stimulating as far as possible improved communication 
by railway, steamer, and telegraph lines. (Report of Confer- 
ence, pp. 277, 330, 645; Report of Delegates, p. 120.) 

X. Supervision of the food supply. 

Convention for the protection of the public health through — 

(a) Uniformity of regulation for the inspection, immedi- 
ately prior to shipment, of live stock intended for export. 

(b) Uniformity of sanitary regulations in the preparation 
of refrigerated meats, canned goods, and other foodstuff's. 

The subjects under this heading have not heretofore been 
considered by prior conferences. 

XI. Sanitary police and quarantine. 

Consideration of the recommendation of the International Sani- 
tary Congress of Mexico, held in December, 1901 , and of the 
Congress of San Jose, Costa Rica, to be held in December, 
1909, and of such additional recorrtAnendations as will tend to 
the elimination of preventable diseases. 

The Third Conference adopted a resolution in regard to the 
First Sanitary Congress, Avhich met in Washington, that, as a 
general rule, the convention signed in the congress be adopted, 
and that measures tending to the sanitation of cities, and espe- 
cially ports, be put into practice, and recommending, further, 
that the delegates to the Second Sanitary Congress, to meet 
in Mexico, be instructed to study and suggest practical means 
necessary to carry out these and other purposes indicated in the 
resolution. (Report of Conference, pp. 268, 335, 607; Report 
of Delegates, p. 129.) 



26 Programme for the Fourth Pan-American Conference. 

XII. Monetary system and fluctuations in exchange. 
Consideration of measures looking to the — 

(a) Establishment of greater stability in commercial relations. 

(b) Establishment of a more uniform, monetary standard. 
The. Third Conference adopted a resolution on August 23, 

1906, recommending that the governments cause to be prepared 
for the next conference a detailed study of the monetary sys- 
tem in force in the respective republics, and of fluctuations in 
exchange occurring in the last twenty years, with tables show- 
ing the influence of these fluctuations on commerce and indus- 
trial development. These studies to be transmitted to the 
Bureau of the American Republics in order that a resume of 
same might be published and distributed among the govern- 
ments at least six months before the assembling of the Fourth 
Conference. (Report of Conference, pp. 271, 335, 617; Report 
of Delegates, pp. 18 and 132.) 

The Government of Peru has submitted a monograph on the 
monetary system of that country, and the Government of the 
Argentine Republic a brief statement of the monetary system 
in that country. No other countries have submitted reports 
upon this subject. 

The Pan-American committee of the United States has pre- 
pared, in response to the resolution, a study on the subject of 
fluctuations in exchange occurring in most of the countries of 
the world. 

This is all the data which has so far been received by the 
Bureau of the American Republics. 

The First Conference on April 14, 1890, adopted a report 
embodying a resolution recommending the establishment of 
an International American Bank with branches or agencies. 
The report sets forth strong reasons why the extension of inter- 
American commerce is more dependent upon the proper de- 
velopment of international banking facilities than upon any 
other single condition. (Report of Conference, p. 829.) 

The Second Conference also gave this subject careful con- 
sideration, and on January 21, 1902, adopted a recommenda- 
tion for the establishment of a bank, international in scope, 
and that it be assisted by the American governments in every 
way compatible with the internal legislation of each country. 
(Report of Conference, pp. 199, 218. 336, 643; Report of Dele- 
gates, pp. 7. L3, •_'(). 21, and 143.) 

The Third Conference did not consider the subject of an 
international bank. 



Programme for the Fourth Pan-American Conference. 27 

XIII. Conservation of natural resources. 

Convention providing for the appointment of an international 
commission to consider the possibility of united action for the 
conservation of natural resources. 

This subject has not heretofore been considered by any of 
the prior conferences. 

XIV. Wireless telegraphy and aerial navigation. 

Preliminary consideration of possible international regulations 
which may be required to govern these new modes of com- 
munication and travel. 

This subject has not heretofore been considered by any of 
the prior conferences. 

XV. Pan-American Scientific Congress. 

Consideration of the resolutions of the Pan-American Scientific 
Congress and of the possibility of securing closer cooperation 
between the scientific congresses and the Pan-American con- 
ferences. 

The last Pan-American Scientific Congress met at Santiago, 
Chile, in December, 1908, and the next has been called to meet 
in Washington, U. S. A., in 1912. 

XVI. Patents, trade-marks, and copyright. 

Further consideration of any action that may be taken. 

The First Conference recommended the adoption by the 
several republics of the three treaties signed in the South 
American congress which met in Montevideo in August, 1888 — 
a treaty on literary and artistic copyright, a treaty on trade- 
marks, and a treaty on patents and inventions. 

At the time of the meeting of the First Conference these 
treaties had been ratified by the Argentine Republic, Bolivia, 
Brazil, Chile, Colombia, Ecuador, Paraguay, Peru, Uruguay, 
and Venezuela. (Report of Conference, p. 555.) 

The Second Conference, on January 27, 1902, signed a 
treaty on patents of invention, industrial drawings, models, 
and trade-marks. This treaty provided that the citizens of 
each of the signatory states should enjoy in the other states the 
same advantages granted their own citizens in the subject- 
matters of the treaty, and that they should have the same pro- 
tection and identical remedies against any invasion of their 
rights. Methods of registration, specification of the subjects 
properly within the scope of the treaty, and means for making 
the treaties effective were fully set out. (Report of Confer- 



28 Programme for the Fourth Pan-American Conference. 

XVI. Patents, trade-marks, and copyright — Continued. 

ence, pp. 271, 273, 316, 368, 378, 487, 729 ; Keport of Delegates, 
p. 218.) 

This treaty was ratified by Guatemala, El Salvador, Costa 
Rica, Nicaragua, Honduras, and Cuba. 

Note. — A separate treaty on similar lines with regard to trade-marks 
was concluded between the United States and Guatemala in 1902. 
There is also a diplomatic agreement on the same subject between the 
United States and Brazil made in 1879. (Treaties in force. 1904, pp. 
116 and 405.) 

The Third Conference, on August 23, 1906, signed a con- 
vention on patents of invention, drawings and industrial 
models, trade-marks, and literary and artistic property. This 
convention was in twelve articles, and provided that the treaty 
of the Second Conference on the subject be adopted with cer- 
tain modifications, which are set out. It provided for the 
establishment of two bureaus — one in Havana and one in Rio 
de Janeiro — to be styled " Bureaus of the International Ameri- 
can Union for the Protection of Intellectual and Industrial 
Property," having for their object the centralization of the 
registration of literary and artistic works, patents, trade-marks, 
drawings, models, etc., the bureau in Rio registering for South 
America, with the exception of Venezuela and Colombia, and 
the bureau in Havana registering for these two and the other 
countries of Central and North America and the West Indian 
islands. The two bureaus were in reality to form one, the sep- 
aration to be merely for purposes of convenience. It was pro- 
vided that each government should send to the proper bureau 
each month authoritative copies of all registrations of trade- 
marks, patents, drawings, etc., and copies of literary and artis- 
tic works registered in them, as well as lapses, transfers, and 
other information of like character. (Report of Conference, 
pp. 241, 261, 631; Report of Delegates, p. 75.) 

(Note. — This convention was ratified by Guatemala April 19, 1907: 
by El Salvador May 11. 1907; by Nicaragua February 20. 1908.) 

The treaty adopted at Rio was found to contain certain 
provisions which if adopted b}^ the United States Government 
would nullify portions of the present laws of that Government 
relating to patents. This is especially true of articles 2, 6. and 
7 of that convention, in which it is provided that patents, 
trade-marks, etc., registered in the proposed international 
bureau shall have the same effect that would be produced if 
said registration or recognition had taken place in all the 
signatory states. Such a provision would oblige the United 



Programme for the Fourth Pan-American Conference. 29 

XVI. Patents, trade-marks, and copyright — Continued. 

States to give the same force and effect to patents issued 
according to the laws in the adhering States that would be 
given to patents and registrations effected in the United States. 

The patent system of the United States is based upon a 
constitutional provision which authorizes protection to in- 
ventors in their inventions, which inventions must be new and 
useful. Therefore the law requires a careful and exhaustive 
examination of the state of the art to be made before a patent 
is issued, in order to determine whether an alleged invention 
is new and useful. On the other hand, under the laws of the 
other American States no preliminary examination of this 
character is required. In many of the South American States 
no examination as to novelty is required, and in others the 
examination consists merely in the passing of a commission 
upon the utility of the invention. In some of the States, such 
as Nicaragua and Costa Rica, patents are granted b}r Congress. 
The States of Mexico, Venezuela, Colombia, Panama, and 
Uruguay have laws which expressly provide that there is no 
guaranty as to the novelty or utility of the invention patented. 

It is therefore obvious that if patents granted under these 
laws are recognized with the same force and effect as those 
granted under the United States examination system, the bene- 
ficial effect of the law of the United States would be com- 
pletely nullified. 

As to article 5 of the Rio convention, providing for the fur- 
nishing to each of the other States adhering thereto of au- 
thenticated copies of all registered patents, trade-marks, etc., 
as well as of lapses, renunciations, and transfers, this would 
be impracticable for the United States Government because 
of the immense number of patents, trade-marks, etc., issued 
and registered by it and of the enormous expense that would 
be thereby entailed. 

The utility or reciprocal benefit derived from furnishing 
copies of United States patents to countries where no examina- 
tion is required as a prerequisite to the granting of patents is 
not apparent. A provision giving citizens of the various 
States of the proposed union reciprocal rights to receive pat- 
ents and to register trade-marks in each of the other countries 
would seem to be preferable. 

XVII. Foreign immigration. 

There has been heretofore no consideration of this subject by 
any of the conferences, except in so far as the rights of aliens 
are concerned. 



30 Programme for the Fourth Pan-American Conference. 

XVIII. Practice of the learned professions. 

The Second Conference, on January 27, 1902, signed a con- 
vention on the practice of the learned professions, providing 
in full for mutual recognition of diplomas, titles, and certifi- 
cates. Convention ratified by Guatemala, El Salvador, Costa 
Eica, Peru, Honduras, and Nicaragua. (Eeport of Confer- 
ence, p. 769; Keport of Delegates, p. 195.) 

The Third Conference; on August 22, 1906, signed a resolu- 
tion confirming the treaty of the Second Conference. This 
resolution has been ratified by Guatemala, El Salvador, and 
Nicaragua. (Eeport of Conference, pp. 226, 603; Eeport of 
Delegates, p. 118.) 

XIX. Naturalization. 

The Third Conference, on August 13, 1906, signed a conven- 
tion establishing the status of naturalized citizens who again 
take up their residence in the country of their origin. (Ee- 
port of Conference, pp. 172, 583; Eeport of Delegates, p. 67.) 

This convention has been ratified by Guatemala, April 20, 
1907; El Salvador, May 11, 1907; United States, January 13, 
1908; Nicaragua, February 20, 1908; and Colombia, August 
— , 1908. 

The general subject of naturalization has not been hereto- 
fore acted upon by any of the past conferences. 

XX. Neutrality in case of civil war. 

This subject has not been heretofore acted upon by any of 
the past conferences. 

XXI. Uniformity of regulations for protection against anarchists. 

The Second Conference, in article 13 of the treaty for extra- 
dition of criminals, signed on January 28, 1902. provided 
that— 

Extradition of any individual guilty of acts of anarchism can be de- 
manded whenever the legislation of the demanding State and of thai mi 
which the demand is made lias established penalties for such arts. In 
such case, it shall be granted, although the individual whose extradi- 
tion be demanded may be liable to imprisonment of less than two years. 
(Report of Conference, p. 749; Report of Delegates, p. 184.) 

This treaty was ratified by Guatemala, El Salvador, Costa 
Tvica, and Nicaragua. 

XXII. Future conferences. 

The date is usually determined by the Governing Board 
of the International Bureau, and its final action is generally 
forecast by the attitude of the Conference which is about to 
adjourn. 



MEMORANDUM 

Regarding Subjects which have been Considered and Acted upon by Previous 
Conferences, not included in the Tentative Programme for the Fourth Con- 
ference. 



Customs Union. 

Reciprocity treaties. 

The First Pan-American Conference gave careful considera- 
tion to the matter of the establishment of a customs union 
among the several American States, the States to collect im- 
port duties on foreign goods under substantially the same 
tariff laws, divide the proceeds thereof in a given proportion, 
and mutually receive, free of duty, their respective natural 
and manufactured products. (Report of Conference, p. 103.) 

The plan, however, was found to be so impracticable that in 
lieu of it the conference adopted a recommendation that the 
governments which may be interested to do so should enter into 
partial reciprocity commercial treaties. 

The United States took the initiative in the matter, and the 
President asked Congress to include in the then pending tariff 
bill a provision authorizing him to declare the ports of the 
United States free to all the products of any nation of Amer- 
ica upon which no export duties are imposed whenever and so 
long as such nations shall admit to its ports free of taxes cer- 
tain articles which he enumerated. Congress, while not adopt- 
ing this plan as suggested, incorporated in the tariff act of 1890 
(U. S. Stat. L., p. 612) a provision to the effect that with a 
view to securing beneficial reciprocal relations with countries 
producing and exporting to the United States raw sugar, 
molasses, coffee, tea, and hides — all of which articles had been 
placed on the free list of the tariff — the President was author- 
ized to suspend their free entry whenever such countries 
imposed unreasonable duties upon American products, and 
thereupon certain duties specified should be collected upon the 
enumerated articles. This was in effect reciprocity by indirec- 
tion. Under this provision, by an exchange of diplomatic 
notes, reciprocal agreements were negotiated by the United 
States with Brazil, Cuba, the Dominican Republic, and four 
States of Central America, but these agreements were all abro- 
gated by the tariff law of 1894 (U. S. Stat. L., p. 569) . 

n 3i 



32 Programme for the Fourth Pan-American Conference. 

Customs Union — Continued. 

By the tariff act of July 24, 1897 (U. S. Stat. L., 30, 203), 
provision was again made for entering into reciprocal com- 
mercial agreements, and treaties were negotiated with the 
Argentine Republic, Ecuador, Nicaragua, and the Dominican 
Republic during the years 1899-1900, but all of them failed of 
ratification by the United States Senate. 

The Second Conference, held in Mexico in 1902, put itself 
on record as being in favor of bringing about closer commer- 
cial relations by the celebration of commercial reciprocity 
treaties between the several American states. (Report of Con- 
ference, p. 300; Report of Delegates, p. 13.) 

International American Monetary Union and a common silver coin. 

The First Conference adopted a resolution stating that in 
the opinion of the commission great advantages would accrue 
to the commerce of the American nations by the use of a coin 
or coins that would be current at the same value in all the 
countries, and recommending — 

1. That an International American Monetary Union be 
established. 

2. That as a basis for this union an international coin or 
coins be issued and used by all the countries represented. 

3. That a conference be held in Washington to consider the 
quantity, the kind of currency, the uses it shall have, and the 
value and proportion of such silver coins and their relation to 
gold. 

No legislation resulted, and consequently no conference was 
held. (Report of Conference, p. 624.) 

The Second Conference, in a resolution providing for the 
gathering of data by the Bureau of the American Republics 
concerning sources of production and statistics, directed that in 
order to express values the standard gold coin of the United 
States be taken as a basis, stating its relation to the standard 
of the other nations at the average annual rate of exchange. 
(Report of Conference, pp. 276, 284, 673; Report of Dele- 
gates, p. 166.) 

"Weights and measures. 

The First Conference gave careful consideration to the ques- 
tion of the advisability of adopting a uniform system of 
weights and measures and unanimously recommended that the 
met rir decimal system be adopted by all the American nations 
which have not already done so. As a result of this action, a 






Programme for the Fourth Pan-American Conference. 33 

Weights and measures — Continued. 

draft of a bill was submitted by the President of the United 
States to Congress providing for the exclusive use of the metric 
system of weights and measures in the customs service. But no 
legislation resulted. (Eeport of Conference, p. 77.) 

The Second Conference, in a resolution adopted January 23, 
1902, for the gathering by the Bureau of the American Repub- 
lics of data regarding the sources of production and statistics of 
the American governments, required that the data on weights 
and measures be given according to the decimal system, with 
a statement of equivalents where necessary. (Eeport of Con- 
ference, pp. 276, 284, 677; Eeport of Delegates, p. 166.) 

The metric system has been generally adopted by the Ameri- 
can nations except the United States. 

Port dues and consular fees. 

The First Conference gave consideration to the subject of 
a common and uniform rate for port dues and for consular 
fees. While recognizing the difficulty in the way on account 
of the special conditions prevailing in the several nations in 
respect to the services for which such charges are made, the 
conference recommended — 

1. That all port dues be merged in a single one, to be known 
as " tonnage dues." 

2. That this one charge be assessed upon the gross tonnage. 

3. That each government fix for itself the amount to be 
charged as tonnage dues, having in view the policy of facilitat- 
ing and favoring navigation. 

4. That certain enumerated vessels be exempt from such 
dues. 

5. That each government prepare a uniform classification 
of the acts requiring the intervention of consular agents, and 
fixing the maximum fees which should properly attach 
thereto — especially those relating to commerce and navigation. 
(Eeport of Conference, pp. 412, 503.) 

The Second Conference also recommended that gross ton- 
nage should be the basis of shipping charges, but the Customs 
Congress, which met in New York in 1903, after careful con- 
sideration of the question, recommended that the governments, 
so far as practicable, adopt net register tonnage as the basis of 
national charges on vessels. (Eeport of United States Dele- 
gates to Customs Congress, p. 13.) 



34 Programme for the Fourth Pan-American Conference. 

Rights of aliens. 

The First Conference passed a resolution recommending the 
adoption, as principles of American international law, the 
following : 

1. That foreigners are entitled to enjoy all the civil rights 
enjoyed by natives, and that they shall be accorded all the 
benefits of said rights in all that is essential as well as in the 
form of procedure and the legal remedies incident thereto, 
absolutely in like manner as said natives. 

2. A nation has not, nor recognizes in favor of foreigners, 
any other obligations or responsibilities than those which in 
favor of the natives are established in like cases by the con- 
stitution and the laws. (Report of Conference, p. 933.) 

( Note. — The delegates of the United States voted in the negative on 
this resolution. 

At the Second Conference the foregoing principles were 
embodied in a convention signed January 29, 1902. and con- 
cerning the second principle it provided specifically that 
" States are not responsible for damages sustained by aliens 
through acts of rebels or individuals, and in general for 
damages originating from fortuitous causes of any kind, con- 
sidering as such acts of war, whether civil or national, except 
in the case of failure on the part of the constituted authorities 
to comply with their duties." (Report of Conference, p. 829; 
Report of Delegates, p. 226.) 

The above treaty was not submitted to the United States 
Senate. It has been ratified by Guatemala, Bolivia, and Hon- 
duras. 

Extradition treaties. 

The First Conference adopted a resolution recommending to 
the governments of the Latin-American nations — 

1. That a study be made of the treaty of penal international 
law adopted at the congress of Montevideo in 1888, in order 
that they might indicate their adherence or nonadherence 
thereto. 

2. That those governments of Latin America which had not 
already made special treaties of extradition with the Govern- 
ment of the United States should make them. (Report of 
Conference, p. 570.) 

Extradition treaties were accordingly entered into with the 
United States by the Governments of the Argentine Republic, 
Bolivia, Colombia, and Peru. 






Programme for the Fourth Pan-American Conference. 35 

Extradition treaties — Continued. 

Treaties had already been concluded by Ecuador, Haiti, 
Mexico, Nicaragua, Salvador (denounced 1904), and Vene- 
zuela (denounced 1870) with the United States. 

The Second Conference agreed upon and signed an extradi- 
tion treaty on January 28, 1902, which followed closely the 
lines of treaties which had been recently entered into between 
the United States and the Argentine Republic and Mexico, in- 
cluding a clause making acts of anarchism extraditable offenses 
when the states in interest have established penalties for such 
acts. (Report of Conference, pp. 315, 406, 749; Report of 
Delegates, p. 192.) 

This treaty was not ratified by the United States, but subse- 
quently extradition treaties were concluded between the United 
States and Brazil, Guatemala, Haiti, Nicaragua, Cuba, Panama, 
and Uruguay. 

There are as yet no extradition treaties between the United 
States and Paraguay, Costa Rica, and the Dominican Republic. 

Arbitration. 

This topic, although not included in the proposed pro- 
gramme, has been historically treated in the memorandum 
concerning the programme under item 1. 

The subjects of arbitration of pecuniary claims and forcible 
collection of debts were discussed and acted upon by the 
Second and Third conferences. Reference to them has been 
made in the previous memorandum. 

Steamship, postal, and cable communication. 

The First Conference thoroughly considered the matter of 
improved steamship, postal, and cable communication between 
the United States and the other American countries as an 
effective means of promoting commerce and adopted a series of 
recommendations for the promotion of maritime, telegraphic, 
and postal communication by means of subsidies given by the 
several governments to steamship and cable companies, subject 
to certain conditions and limitations specified. (Report of 
Conference, pp. 265, 276, 312.) 

International bank. 

The matter of the establishment of an international bank 
was carefully considered by the First and Second conferences. 
The action taken at each conference has been stated in the 
memorandum relative to the tentative programme to which 
reference is here made. 



36 Programme for the Fourth Pan-American Conference. 

International bank — Continued. 

The report of the committee of the First Conference shows 
convincingly that commerce between the United States and the 
other American countries can not be greatly enlarged unless 
direct banking facilities are afforded. 

The establishment of such a bank with a system of credits 
wholly American would bring about a large saving of interest 
and exchange which now goes to the bankers of Europe. It 
would help to extend business by making the granting of 
longer credits possible, as the bank would be interested in fos- 
tering and facilitating business between the States. It would 
afford facilities for those seeking to negotiate loans or to find 
desirable investments to obtain information. It would render 
the American States less subject to possible demoralization of 
their credit facilities and money markets by reason of a war 
among the European nations. (Report of Conference, p. 829.) 

The Philadelphia Commercial Museum. 

The Second Conference adopted a resolution recommending 
that the republics complete and renew the collections of their 
products exhibited at the Philadelphia Museum, and that they 
transmit to said museum data, reports, and publications tend- 
ing to favor mercantile traffic. (Report of Conference, p. 821 : 
Report of Delegates, p. 176.) 

International Archaeological Commission. 

The Second Conference adopted a recommendation for the 
formation of an American International Archaeological Com- 
mission for the purpose of looking after the preservation of 
ruins of prehistoric cities and the establishment of museums 
to contain antiquities gathered from such cities. The presi- 
dents of the several republics were to name one or more mem- 
bers of the commission, the expenses to be met by the govern- 
ments on the basis of appropriations for the Bureau of the 
American Republics. (Report of Conference, p. 783; Report 
of Delegates, p. 170.) 

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